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1. The petitioner Jaspreet Singh (husband) seeks setting aside of order dated
dismissed.
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25.7.2019 : Since the respondent wife neither filed any affidavit nor
furnished the requisite information as regards period of her
employment as had been specifically directed vide order
dated 23.10.2018, the petitioner moved an application
before trial Court seeking issuance of a direction to the
respondent either to make a statement in this regard or to
furnish an affidavit for compliance of order dated
23.10.2018. However the trial Court, vide impugned order
dated 25.07.2019, dismissed the said application.
3. I have heard the learned counsel for the parties and have also perused the
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of.”
4. Since the aforesaid order was not complied with by the respondent wife,
5. Having perused the impugned order dated 25.07.2019, this Court is of the
opinion that the trial Court fell in error in dismissing the application
had been complied with as neither any affidavit had been filed nor any
recorded. The fact that the respondent wife was present for the purpose of
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respect of her such deposition. In case the respondent does not comply
with order dated 23.10.2018 within one month from today or within such
7. Before parting with this judgement, this Court, based on the factual
position in the present case and having come across numerous other
application under Section 125 Cr PC has been pending since the year
2015 i.e. since last more than four years. Although, in the present case, it
may be the wife herself who can be said to have contributed to the delay
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delays occur on account of the fact that the hapless wife is left fending for
is to serve social cause to prevent the wife from being forced into
vagrancy. Whenever the Courts are faced with the task of assessing the
maintenance, the Court has to be aware not just about the income of the
parties but also as regards the social status enjoyed by them. At times it
becomes a difficult task to assess the income in view of the fact that in
many cases the spouse may not be working on salaried job or may be self-
(i) the number and kind of vehicles being used by the husband,
whether self-owned or by family or company;
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9. However, since it is the husband who would be having domain over the
required for assessing maintenance. More often than not, even in cases
who cannot possibly conceal his income, the wife is constrained to seek
there is none else in her family to pursue her case. Such exercise leads not
10. Although, exclusive Family Courts have been established specifically for
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during the pendency of matrimonial litigation amongst the parties but the
Courts at times seem to be over obsessed with the broad principle that it is
the petitioner/plaintiff who has to stand on his own legs and to establish
his case. There certainly can be no dispute as regards the said proposition
of law. There are certainly such issues which the petitioner/party would
the party asserting the existence of such facts. However, the facts which a
party cannot possibly dispute - say a case where the husband is working
party itself rather than the opposite party being forced to collect evidence
in respect of the same from various offices i.e. from the employer, from
legislators, realising the urgency in such matters have provided for a time-
below:
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(b) x x x
(c) x x x
(d) x x x
Provided that … … … x x x
Provided also that an application for the monthly allowance for the
interim maintenance and expenses of proceeding under the second
proviso shall, as far as possible, be disposed of within sixty days
from the date of the service of notice of the application to such
person. ( emphasis supplied )
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Provided that …. …. ….
(2) x x x
(3) x x x
(4) The Magistrate shall fix the first date of hearing, which shall not
ordinarily be beyond three days from the date of receipt of the
application by the Court.
12. In tune with the aforesaid provisions prescribing for time-bound disposal
read as follows:
(1) x x x
(2) x x x
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Violence Act, 2005, liberty has been granted to trial Court to devise its
28. Procedure .
(2) Nothing in sub-section (1) shall prevent the Court from laying
down its own procedure for disposal of an application under
section 12 or under sub-section (2) of section 23. (emphasis
supplied )
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15. Faced with an identical problem of delays, Delhi High Court has issued
insist upon the parties to furnish the requisite information in the nature of
High Court in another judgement and were modified from time to time in
case titled Kusum Sharma versus Narinder Kumar Sharma which were
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2 Kusum Sharma 18.9.2014 2015(5) Directions were issued that henceforth all
RCR(Civil)
Versus petitions including petitions under Sections 9
page 75
Mahinder to 13 of the Hindu Marriage Act shall be
Kumar Sharma
accompanied by an affidavit of assets,
income and expenditure of the petitioner in
terms of the directions issued in Puneet
Kaur's case(supra).
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5 Kusum Sharma 6.12.2017 2018(246) The directions issued earlier were slightly
DLT 1 modified and it was clarified that it shall not
Versus
be mandatory to file the requisite affidavits
Mahinder along with the petition and written statement,
Kumar Sharma but the same are required to be filed
simultaneously by the parties immediately
after the completion of the pleadings.
“ ANNEXURE - A1
AFFIDAVIT
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PART – I
1. Name
2. Age
3. Residential Address
4. E-mail Address
5. Date of marriage
6. Date of separation
7. Educational qualifications
8. Professional qualifications
9. Occupation
14. If not, whether you have claimed maintenance from your spouse? If
so, how much?
(a) Dependent
(b) Non-dependent
18. Whether your spouse has claimed maintenance from you? If so, how
much?
20. Whether you are willing to pay litigation expenses to your spouse? If
so, how much?
22. Whether any maintenance order has been passed by any Court? If so,
give particulars and attach copy of the order?
25. Particulars of the bank account with name and address of the bank for
the purpose of payment from or receipt of maintenance, as the case
may be
26. Name of your counsel and his/her mobile number and e-mail address
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PART - II
28. Whether your spouse was/is earning? If so, give particulars of the occupation and income of
your spouse.
29. Whether your spouse is staying at matrimonial home. If not, whether he/she is staying at
his/her own accommodation or at a rented accommodation?
31. Do you have any documents relating to the income, assets and expenditure of your spouse? If
so, give the particulars and attach copies thereof?
PART - III
32. Children from the marriage with their name and age
34. Name and address of school(s) where the children are studying
37. If the children are in custody of your spouse, whether you have
voluntarily paid or willing to pay the expenses for the children's
maintenance and education? If so, how much?
(iii) Books/Stationery
(vi) Sports
(viii) Entertainment
(ix) Others
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PART-IV
STATEMENT OF INCOME
S. Description Particulars
No.
40. In case of salaried persons:
(i) Designation
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(a) Salary
(b) Interest
(c) Rent
(d) Commission
(e) Others
(ii) Rent
(v) Dividends
(vii) Annuities
(x) Gifts
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PART V
STATEMENT OF EXPENDITURE
(ii) Water
(iii) Electricity
(iv) Gas
(v) Telephone/Mobile
(vi) TV Cable/Set-top Box
charges & Internet services
(vii) Maintenance,
replacement and repair of
household items, appliances
and kitchenware.
(viii) Telephone
(ix) Domestic full time/part
time helper(s)
(iii) Others
(a) Driver(s)
(b) Fuel
(c) Repair/Maintenance
(d) Insurance
(a) Bus
(b) Taxi
(c) Metro
(d) Auto
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(iii) Hospital
(ii) Annuity
(iii) Householders
(iv) Medi-Claim
(iii) Gym
54. Gifts
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PART - VI
STATEMENT OF ASSETS
S. Assets List of Assets
No.
At the time of At the time Present
marriage of Present
Separation Estimated
Market
Value
(i) Land
(iii)
(iv)
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(ii) Livestock
(iv) Computer/Laptop
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PART - VII
STATEMENT OF LIABILITIES
S. Description Particulars Current
No. of Debts Value
73. Other
List any other debts, including obligations that are relevant to claim
PART - VIII
GENERAL INFORMATION RELATING TO THE STATUS,
STANDARD OF LIVING AND LIFESTYLE
S. Description Particulars
No.
83. Category of hotels ordinarily used for stay, official as well as personal
84. Category of hospitals opted for medical treatment including type of rooms
85. Brand of vehicle, mobile and wrist watch, pen, sunglasses, wallet/bags.
- High
- Upper Middle
- Middle
- Lower Middle
- Low
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PART - IX
DOCUMENTS RELATING TO ASSETS, INCOME AND EXPENDITURE
PART A
DOCUMENTS RELATING TO PERSONAL INFORMATION
S.No. Description
1. Ration Card
2. Voter ID Card
3. Aadhar Card
4. Driving Licence
5. PAN Card
6. Passport
PART B
DOCUMENTS RELATING TO INCOME, ASSETS AND LIABILITIES
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PART C
DOCUMENTS RELATING TO EXPENDITURE
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Declaration:
1. I solemnly declare and affirm that I have made full and accurate voluntary
disclosure of my income, expenditure, assets and liabilities from all
sources. I further declare and affirm that I have no assets, income,
expenditure and liabilities other than set out in this affidavit.
3. I understand that any false statement made in this affidavit may constitute
an offence under Section 199 read with sections 191 and 193 of the IPC
punishable with imprisonment upto seven years and fine, and section 209
of Indian Penal Code punishable with imprisonment upto two years and
fine. I have read and understood Sections 191, 193, 199 and 209 of the
Indian Penal Code.
Verification :
Verified at ____________on this ____ day of ___________ that the
contents of the above affidavit relating to my assets, income and
expenditure are true to my knowledge, no part of it is false and nothing
material has been concealed therefrom, whereas the contents of the above
affidavit relating to the assets, income and expenditure of my spouse are
based on information believed to be true. I further verify that the copies of
the documents filed along with the affidavit are true copies of the
originals.
DEPONENT ”
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3. While formulating the affidavit - Annexure A1, this Court considered Best
International Practises mentioned in para 18 of the judgement dated 14th
January, 2015. However, this Court has only incorporated important
questions and documents though many more questions and documents
were considered, which would have complicated the affidavit and caused
inconvenience to the litigants. The Courts are at Modified Directions
dated 6th December, 2017 liberty to consider Best International
Practises mentioned in para 18 of the judgement dated 14th January,
2015 as the guidelines for seeking relevant information and documents.
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6. In the event of the failure of the reconciliation efforts, the Court shall
grant time to the parties to respond to the affidavit of the opposite party
and list the case for hearing on the maintenance application.
7. In pending cases of maintenance, the Court may direct the parties to file
the affidavit of their assets, income and expenditure, if the parties have
not already disclosed their true income.
9. The Court shall ensure that the filing of the affidavits by the parties is not
reduced to a mere ritual or a formality. Whenever the opposite party
discloses sufficient material to show concealment or false statement in
the affidavit, the Court may consider examining the deponent of the
affidavit under section 165 of the Evidence Act to elicit the truth. The
principles relating to the scope and powers of the Court under section
165 of the Evidence Act have been summarized in Ved Prakash
Kharbanda v. Vimal Bindal, (2013) 198 DLT 555 which may be referred
to. In appropriate cases, the Court may direct a party to file an
additional affidavit relating to his assets, income and expenditure at the
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time of marriage and/or one year before separation and/or at the time of
separation.
10. If the statements made in affidavit of assets, income and expenditure are
found to be incorrect, the Court shall consider its effect while fixing the
maintenance. However, an action under Section 340 Cr.P.C., 1973 is
ordinarily not warranted in matrimonial litigation till the decision of the
main petition.
11. At the time of issuing notice the maintenance application, the Court shall
consider directing the petitioner to deposit such sum, as the Court may
consider appropriate for payment to the respondent towards interim
litigation/part litigation expenses. However, in cases such as divorce
petition by the wife who unable to support herself and is claiming
maintenance from the respondent husband, it may not be appropriate to
direct the petitioner-wife to pay the litigation expenses to the respondent-
husband.
12. The interim litigation expenses directed by the Court at the stage of
issuing notice, does not preclude the respondent from seeking further
litigation expenses incurred by the respondent at a later stage. The Court
shall consider the respondent's claim for litigation expenses and pass an
appropriate order on the merits of each case. Modified Directions dated
6th December, 2017.
13. If the disposal of maintenance application is taking time and the delay is
causing hardship, ad-interim maintenance be granted to the claimant
spouse on the basis of admitted income of the respondent.
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format has been prepared which virtually takes into account almost all the
assessment regarding the financial status are increased in case the proper
20. Although in the first blush the aforesaid format may appear to be a bit too
effectively for which it has been prescribed. The learned counsel have
Kusum Sharma's case in the year 2014, the Family Courts in Delhi are
of assets income and expenditure” and the said practice has yielded the
desired results.
21. The best practices should always be followed particularly if the same are
of such affidavits would check the practice of playing “hide and seek”
income and not come out with resources forcing the other party to make
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existence of which, a party can not even deny. As discussed above, the
22. Consequently, the following directions are issued to Family Courts in the
(i) the Courts shall insist upon the parties to furnish “Affidavit of
assets, income and expenditure” in the format reproduced above;
(ii) the Courts shall generally follow the directions issued in Kusum
Sharma's case, as have been reproduced above;
(iii) the Courts would be at liberty to modify the format and the
directions as may be deemed necessary in the facts and
circumstances of the case;
(iv) in exceptional cases, the Court may also dispense with the aforesaid
requirement of furnishing affidavits especially in cases where the
parties belong to the lowest strata of society and are absolutely not
likely to be possessed of the sources detailed in the format or where
the Court is of the opinion that directing the party to furnish such
affidavit would cause unnecessary inconvenience to the party and is
not likely to render any fruitful purpose;
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(vii) the Courts concerned may also issue directions to the parties with
regard to filing of requisite affidavits even in pending cases in case
it is felt that the parties are not forthcoming with the requisite
information with regard to their sources of income;
(viii) the Courts would be competent to issue any direction at any stage
of the proceedings to any of the parties to elicit such information as
may be required to reach at a just decision in the matter pertaining
to award of maintenance;
23. As already indicated above, the trial Courts concerned would be at liberty
ensure that a copy of this judgement is conveyed to all the District and
Sessions Judges in States of Punjab and Haryana and also Union Territory
of Chandigarh who shall further circulate the same to all Judicial Officers
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aforesaid guidelines.
24. This Court appreciates the valuable assistance rendered in the matter by
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